Scotland - Wills, Trusts and Confirmation

Scottish Law is different to that of England and Wales and the legal system there is adhered to in a separate manner. If you live in Scotland or your enquiry concerns matters in Scotland, please take note of the different legal requirements.

NewLaw Scotland has a specialist team who can offer advice on Wills, Trusts, Executries, Powers of Attorney and Guardianship. Our solicitors are members of the Society of Trust and Estate Practitioners and our charges are clearly structured so you will know how much our services will cost from the outset.

Wills

Drafting a Will is a simple process. Our specialist Solicitors can talk you through this and answer any questions you may have, explaining rights on intestacy if there is no Will and legal rights if there is a Will.

We can draft Wills using different styles to work for all purposes and we can advise upon the effects of the Will and miscellaneous points including relevance of domicile and formalities of execution; effect of subsequent change of circumstances, e.g. the birth of a child.

Power of Attorney Scotland

Many people do not realise that a Power of Attorney is just as important as a Will, sometimes even more so. While a Will covers your assets on death, a Power of Attorney gives someone you choose the power to act and make decisions on your behalf, if you become unable to do so. This could be through temporary or permanent ill health, or due to an accident.

Granting a Power of Attorney is a simple process and our specialist solicitors can help you through it. Scottish Laws are different to those in England and Wales, therefore it is best to speak with an experienced Solicitor to ensure that you have the right information.

Estate Administration

When a loved one passes away, it can be overwhelming having to deal with the practicalities of administering the estate whilst coping with the grieving process. NewLaw Scotland can help to ease that burden and deal with the administration, which can be both legally challenging and time consuming.

Our expertise covers areas such as:

dealing with estates, whether or not there is a Will;

if there is no Will, we will petition the court for the appointment of an Executor-Dative;

collation of assets and liabilities comprising the estate;

meetings with the executors and/or family members;

drafting and lodging paperwork with the court to obtain confirmation (probate);

ensure all tax matters are dealt with including Inheritance Tax, Income and Capital Gains Tax Returns;

dealing with foreign domicile and deaths whilst abroad;

consideration of investments, to include dealing with share portfolios and other investments and dealing with foreign aspects where assets are abroad;

completing accounts;

administrative steps, such as realising of assets, discharging liabilities and payment of legacies.

Our experts can guide you through the whole process quickly, cost effectively and sympathetically. Whether it is general advice you need, practical help with the next steps after a death, assistance with completing forms to obtain confirmation (probate), or you would like us to take on the whole responsibility for administering the estate, then we are able to help you throughout this process.

Guardianship and Intervention Orders Scotland

The Scottish Government website describes Guardianship and Intervention Orders as legal authority for someone to make decisions and act on behalf of a person with impaired capacity (known as “the adult”), in order to safeguard and promote their interests. The powers granted under an order may relate to the person's money, property, personal welfare and health. A Guardianship or Intervention Order is only granted when a Power of Attorney does not exist.

Anyone with an interest in the adult, normally a family member, but possibly a friend, can apply to the Sheriff Court to become a welfare and/or financial guardian or intervener.

Our solicitors at NewLaw Scotland understand and work with many people on Guardianship and Intervention Orders. They can apply to the court on your behalf to have you appointed as a guardian in your loved one’s affairs. NewLaw Solicitors in Scotland can also act as professional guardians if that is preferred.

Trusts

Trusts are commonly used to hold assets on behalf of people who cannot or should not own them themselves. There are many types of Trust that our specialist solicitors at NewLaw Scotland can help you with. The most common examples are:

to protect children/spouses;

to protect people with legal incapacity;

to protect state benefits following a compensation payment for a personal injury;

to protect assets.

Your Trustees’ main duty is to ensure that they look after the Trust property and manage it for your sole benefit. You may consider a family member, a friend or professional advisor. We strongly advise that you choose a professional Trustee, as they are independent and can ensure that the Trust is administered to comply with ongoing requirements.

For further information and guidance on setting up a Trust, contact NewLaw Scotland today.

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